The Care Act 2014 (Health Education England and the Health Research Authority) (Consequential Amendments and Revocations) Order 2015
S.I. 2015/137 · Made 4 February 2015 · Extends to England and Wales
Health Services
National Health Service, England And Wales
Social Care
Made 4th February 2015
Laid before Parliament 11th February 2015
Coming into force 1st April 2015
The Secretary of State makes the following Order in exercise of the powers conferred by section 123(1) and (2) of the Care Act 2014f1.
In accordance with section 123(5) of the Care Act 2014, the Secretary of State has consulted the Welsh Ministers prior to the making of this Order.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Revocations
- 3Consequential Amendments
- Signature
- Schedule 1Revocations
- Schedule 2: Consequential Amendments
- Part 1: Amendments consequential on the establishment of Health Education England and the Health Research Authority
- 1The National Health Service Trusts (Membership and Procedure) Regulations 1990
- 2The National Health Service Litigation Authority Regulations 1995
- 3The Medicines for Human Use (Clinical Trials) Regulations 2004
- 4The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005
- 5The NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005
- 6The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009
- 7The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009
- 8The Welsh Health Specialised Services Committee (Wales) Regulations 2009
- 9The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010
- 10The National Health Service Trust Development Agency Regulations 2012
- 11The Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012
- 12The Emergency Ambulance Services Committee (Wales) Regulations 2014
- Part 2: Amendments consequential on the establishment of Health Education England
- 13The National Health Service Litigation Authority (Establishment and Constitution) Order 1995
- 14The National Health Service (Clinical Negligence Scheme) Regulations 1996 Repealed
- 15The National Health Service (Liabilities to Third Parties Scheme) Regulations 1999
- 16The National Health Service (Property Expenses Scheme) Regulations 1999
- 17The National Health Service (General Dental Services Contracts) Regulations 2005
- 18The National Health Service (Personal Dental Services Agreements) Regulations 2005
- 19The General Ophthalmic Services Contracts Regulations 2008
- 20The Equality Act 2010 (Specific Duties) Regulations 2011
- 21The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
- Explanatory note
1Citation and commencementI1
This Order may be cited as the Care Act 2014 (Health Education England and the Health Research Authority) (Consequential Amendments and Revocations) Order 2015 and comes into force on 1st April 2015.
2RevocationsI1
The revocations in Schedule 1 to this Order have effect.
3Consequential AmendmentsI1
The amendments in Schedule 2 to this Order have effect.
Signature
Signed by authority of the Secretary of State for Health.
Daniel Poulter
Parliamentary Under-Secretary of State for Health
Department of Health
4th February 2015
Schedule 1RevocationsI1
1The National Health Service Trusts (Membership and Procedure) Regulations 1990I1
In regulation 1(2) (interpretation) of the National Health Service Trusts (Membership and Procedure) Regulations 1990f1 in the definition of “health service body” after sub-paragraph (i) add—
“(j)Health Education England;
(k)the Health Research Authority;”.
2The National Health Service Litigation Authority Regulations 1995I1
The National Health Service Litigation Authority Regulations 1995f1 are amended as follows.
In regulation 1(2) (interpretation)f2 in the definition of “health service body” after “the National Institute for Health and Care Excellence,” insert “Health Education England, the Health Research Authority,”.
In regulation 7(1) (disqualification for appointment)f3 in sub-paragraph (ea) after “a member of” insert “Health Education England, the Health Research Authority,”.
3The Medicines for Human Use (Clinical Trials) Regulations 2004I1
In paragraph 3(6) (membership) of Schedule 2 (additional provisions relating to ethics committees) to the Medicines for Human Use (Clinical Trials) Regulations 2004f1—
in paragraph (c) omit “and”;
after paragraph (d) add—
“(e)Health Education England, and
(f)the Health Research Authority.”.
4The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005I1
The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005f1 are amended as follows.
In regulation 1(2) (interpretation)f2 in the definition of “health service body”—
in sub-paragraph (k) omit “and”;
after sub-paragraph (l) add—
“(m)Health Education England, and
(n)the Health Research Authority;”.
In regulation 3(1) (disqualification for appointment)f3 in sub-paragraph (j)—
in paragraph (iiib) omit “or”;
after paragraph (v) add—
“(vi)Health Education England, or
(vii)the Health Research Authority;”.
5The NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005I1
In regulation 1(2) (interpretation) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005f1 in the definition of “health service body”—
in sub-paragraph (k) omit “and”;
after sub-paragraph (l) add—
“(m)Health Education England, and
(n)the Health Research Authority;”.
6The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009I1
The English text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009f1 is amended as follows.
In regulation 2 (interpretation)f2 in the definition of “health service body” (“corff gwasanaeth iechyd”) after “the National Institute for Health and Care Excellence,” insert “Health Education England, the Health Research Authority,”.
The Welsh text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 is amended as follows.
In regulation 2 (dehongli) in the definition of “corff gwasanaeth iechyd” (“health service body”) after “y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal,” insert “Addysg Iechyd Lloegr, yr Awdurdod Ymchwil Iechyd,”.
7The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009I1
The English text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009f1 is amended as follows.
In regulation 1(2) (interpretation)f2 in the definition of “health service body” (“corff gwasanaeth iechyd”) after sub-paragraph (g) add—
“(h)Health Education England;
(i)the Health Research Authority;”.
The Welsh text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 is amended as follows.
In regulation 1(2) (dehongli) in the definition of “corff gwasanaeth iechyd” (“health service body”) after sub-paragraph (e) add—
“(f)Addysg Iechyd Lloegr;
(ff)yr Awdurdod Ymchwil Iechyd;”.
8The Welsh Health Specialised Services Committee (Wales) Regulations 2009I1
The English text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009f1 is amended as follows.
In regulation 2 (interpretation)f2 in the definition of “health service body” (“corff gwasanaeth iechyd”) after “the National Institute for Health and Care Excellence,” insert “Health Education England, the Health Research Authority,”.
The Welsh text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009 is amended as follows.
In regulation 2 (dehongli) in the definition of “corff gwasanaeth iechyd” (“health service body”) after “y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal,” insert “Addysg Iechyd Lloegr, yr Awdurdod Ymchwil Iechyd,”.
9The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010I1
The English text of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010f1 is amended as follows.
In regulation 12(1)f2 (disqualification for membership)—
in sub-paragraph (a) after “health service body” insert “, Health Education England, the Health Research Authority”;
in sub-paragraph (b) after “health service body” insert “, Health Education England, the Health Research Authority”;
in sub-paragraph (h) after “health service body” insert “, Health Education England, the Health Research Authority”.
The Welsh text of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 is amended as follows.
In regulation 12(1) (anghymhwyso rhag bod yn aelod)—
in sub-paragraph (a) after “gorff gwasanaeth iechyd perthnasol” insert “, Addysg Iechyd Lloegr, yr Awdurdod Ymchwil Iechyd”;
in sub-paragraph (b) after “gorff gwasanaeth iechyd perthnasol” insert “, Addysg Iechyd Lloegr, yr Awdurdod Ymchwil Iechyd”;
in sub-paragraph (f) after “chorff gwasanaeth iechyd” insert “, Addysg Iechyd Lloegr, yr Awdurdod Ymchwil Iechyd”.
10The National Health Service Trust Development Agency Regulations 2012I1
The National Health Service Trust Development Agency Regulations 2012f1 are amended as follows.
In regulation 1(2) (interpretation)f2 in the definition of “health service body” after sub-paragraph (ga) insert—
“(gb)Health Education England;
(gc)the Health Research Authority;”.
In regulation 3(1)(j) (disqualification for appointment)f3—
in paragraphs (iv) and (v) omit “or”;
after paragraph (v) insert—
“(vi)Health Education England; or
(vii)the Health Research Authority; or”.
11The Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012I1
The English text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012f1 is amended as follows.
In regulation 2 (interpretation)f2 in the definition of “health service body” (“corff gwasanaeth iechyd”) after “the National Institute for Health and Care Excellence,” insert “Health Education England, the Health Research Authority,”.
The Welsh text of the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012 is amended as follows.
In regulation 2 (dehongli) in the definition of “corff gwasanaeth iechyd” (“health service body”) after “y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal,” insert “Addysg Iechyd Lloegr, yr Awdurdod Ymchwil Iechyd,”.
12The Emergency Ambulance Services Committee (Wales) Regulations 2014I1
The English text of the Emergency Ambulance Services Committee (Wales) Regulations 2014f1 is amended as follows.
In regulation 2 (interpretation) in the definition of “health service body” (“corff gwasanaeth iechyd”) after “the National Institute for Health and Care Excellence,” insert “Health Education England, the Health Research Authority,”.
The Welsh text of the Emergency Ambulance Services Committee (Wales) Regulations 2014 is amended as follows.
In regulation 2 (dehongli) in the definition of “corff gwasanaeth iechyd” (“health service body”) after “y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal,” insert “Addysg Iechyd Lloegr, yr Awdurdod Ymchwil Iechyd,”.
13The National Health Service Litigation Authority (Establishment and Constitution) Order 1995I1
In article 1(2) (interpretation) of the National Health Service Litigation Authority (Establishment and Constitution) Order 1995f1 in the definition of “NHS body” after “clinical commissioning group,” insert “Health Education England,”.
14The National Health Service (Clinical Negligence Scheme) Regulations 1996F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15The National Health Service (Liabilities to Third Parties Scheme) Regulations 1999I1
In regulation 3 (eligible bodies) of the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999f1 after sub-paragraph (c) insert—
“(cza)Health Education England,”.
16The National Health Service (Property Expenses Scheme) Regulations 1999I1
In regulation 3 (eligible bodies) of the National Health Service (Property Expenses Scheme) Regulations 1999f1 after sub-paragraph (c) insert—
“(cza)Health Education England,”.
17The National Health Service (General Dental Services Contracts) Regulations 2005I1
In paragraph 79A (duty as to education and training) of Schedule 3 (other contractual terms) to the National Health Service (General Dental Services Contracts) Regulations 2005f1 for “a direction under section 7 of that Act” substitute “section 97 of the Care Act 2014”.
18The National Health Service (Personal Dental Services Agreements) Regulations 2005I1
In paragraph 77A (duty as to education and training) of Schedule 3 (other contractual terms) to the National Health Service (Personal Dental Services Agreements) Regulations 2005f1 for “a direction under section 7 of that Act” substitute “section 97 of the Care Act 2014”.
19The General Ophthalmic Services Contracts Regulations 2008I1
In paragraph 56 (duty as to education and training) of Schedule 1 (other contractual terms) to the General Ophthalmic Services Contracts Regulations 2008f1 for “a direction under section 7” substitute “section 97 of the Care Act 2014”.
20The Equality Act 2010 (Specific Duties) Regulations 2011I1
In Schedule 1 (public authorities required to publish information by 31st January 2012) to the Equality Act 2010 (Specific Duties) Regulations 2011f1 under the heading “Health, social care and social security” after the entry for the Child Maintenance and Enforcement Commission insert “Health Education England.”.
21The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013I1
In regulation 2(1) (interpretation) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013f1 for the definition of “Health Education England” substitute—
““Health Education England” means the body established by section 96 of the Care Act 2014;”.
Explanatory note
(This note is not part of the Order)
Part 3 of the Care Act 2014 (“the Act”) abolishes the Special Health Authorities known as Health Education England and the Health Research Authority and establishes bodies corporate called Health Education England (section 96 of the Act) and the Health Research Authority (section 109 of the Act).
Article 2 of, and Schedule 1 to, this Order make revocations in relation to the Special Health Authority known as Health Education England. (Revocations in respect of the Health Research Authority were made by the Health Research Authority (Transfer of Staff, Property and Liabilities) and Care Act 2014 (Consequential Amendments) Order 2014 (S.I. 2014/3090).)
Article 3 of, and Schedule 2 to, this Order make amendments consequential upon the establishment of Health Education England and the Health Research Authority as bodies corporate.
A full impact assessment has not been produced for this instrument as the Order itself has no impact on the private sector or civil society organisations. A full impact assessment has been produced in relation to the provisions of the Act including provisions relating to the establishment of Health Education England and the Health Research Authority and the abolition of the respective Special Health Authorities. A copy of this impact assessment is available from the libraries of both Houses of Parliament, and may also be obtained from the Department of Health, Richmond House, 79 Whitehall, London, SW1A 2NS or on the Department of Health’s web site at https://www.gov.uk/government/publications/the-government-published-a-series-of-impact-assessments-alongside-the-care-bill.